If I am intending on leaving my husband andwe have a toddler, what keeps him from just going and getting him at daycare while I am at work?

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If I am intending on leaving my husband andwe have a toddler, what keeps him from just going and getting him at daycare while I am at work?

Asked on September 7, 2011 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Nothing unless there is a court order preventing him from doing so.  Your husband has the same rights to your son as you do.  And if he wants to pick him up he can as well.  What you would need is a visitation and custody agreement that addresses each of the issues that concerns you and sets everything out in black and white.  So before you leave your husband I might consider discussing the issues that concern you with an attorney and decide how you want to handle the matters between you.  Courts favor joint custody and open relationships between parent and child.  Unless he is a horrible parent and you establish that he has every right to ask for everything you would with his son.  Good luck.


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